New Judgment: Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 – UKSC Blog

Posted October 31st, 2019 in banking, duty of care, fraud, illegality, news by sally

‘An implied term of the contract between a bank and its customer is that the bank owes a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries. This is known as the Quincecare duty of care, following the 1992 case of Barclays Bank plc v Quincecare Ltd.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah and Others [2019] – Blackstone Chambers

‘The High Court has determined a £35 million partition era dispute between India, Pakistan and successors in title to 7th Nizam of Hyderabad. Claims of Pakistan dismissed; claims of India, Prince Muffakham Jah and Prince Mukarram Jah upheld.’

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Blackstone Chambers, 2nd October 2019

Source: www.blackstonechambers.com

Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette

‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’

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Law Society's Gazette, 7th May 2019

Source: www.lawgazette.co.uk

Families of three dead Windrush victims can claim compensation – The Guardian

Posted September 5th, 2018 in compensation, deportation, families, illegality, immigration, news by sally

‘The families of three wrongly deported Windrush victims who died before UK officials were able to repatriate them will be able to claim compensation, the immigration minister has told the House of Commons.’

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The Guardian, 4th September 2018

Source: www.theguardian.com

Appeal judges refuse compensation for schizophrenic who killed mother – Litigation Futures

‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Judge rules residence qualification in allocation policy of council to be unlawful – Local Government Lawyer

Posted July 17th, 2018 in housing, illegality, local government, news by tracey

‘A residence qualification set by Hillingdon Council stating that only households with at least 10 years’ continuous residence in-borough could qualify to join the three-welfare-based bands of its housing register was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 16th July 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal on illegal eviction – quantum and heads of claim – Nearly Legal

Posted May 22nd, 2018 in appeals, housing, illegality, landlord & tenant, news, repossession by sally

‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’

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Nearly Legal, 18th May 2018

Source: nearlylegal.co.uk

NHS England faces first legal challenge to plans for health shake-up – The Guardian

Posted April 24th, 2018 in budgets, health, hospitals, illegality, judicial review, news by sally

‘NHS England faces a legal challenge to its plans to overhaul how the health service operates, which critics say are unlawful and could lead to patients being denied treatment.’

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The Guardian, 23rd April 2018

Source: www.theguardian.com

Britain accused of unlawfully deporting Afghan asylum seekers – The Guardian

Posted October 5th, 2017 in asylum, deportation, illegality, international law, news, reports by tracey

‘Britain and other European countries have been accused of breaching international law, as it emerged that the number of asylum seekers forced to return to Afghanistan has tripled at a time when civilian casualties in the country are at a record high.’

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The Guardian, 5th October 2017

Source: www.theguardian.com

Samim Bigzad: Home Office ‘violates court order’ to deport Afghan man threatened with beheading to Kabul – The Independent

Posted September 14th, 2017 in deportation, government departments, illegality, immigration, news by tracey

‘The Home Office has been accused of violating a court order to deport an Afghan man threatened with beheading by the Taliban.’

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The Independent, 13th September 2017

Source: www.independent.co.uk

Allocations: Local Lettings and Undisclosed Policies – Garden Court Chambers

‘The defendant, Islington Borough Council, maintained an allocation scheme which provided that certain categories of people were excluded from joining the housing register, including those who had lived in the borough for less than three out of the previous five years. However, the scheme allowed for exceptions to be made. In particular, in respect of homeless applicants to whom a long-term housing duty under Part 7 Housing Act 1996 had been accepted.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

Government says unlawful subletting at Grenfell Tower should not be prosecuted – Local Government Lawyer

Posted July 4th, 2017 in fire, illegality, landlord & tenant, news, prosecutions, victims by sally

‘The Government has issued guidance to prosecutors not to bring charges for unlawful subletting at Grenfell Tower so that victims can be identified.’

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Local Government Lawyer, 3rd July 2017

Source: www.localgovernmentlawyer.co.uk

NHS pressured to reveal confidential patient data by Home Office under Theresa May, says former executive – The Independent

Posted February 2nd, 2017 in data protection, government departments, health, illegality, immigration, news by tracey

‘The former head of NHS Digital has said he was put under “immense pressure” by the Home Office under Theresa May to release data on immigrants despite his concerns over its legality.’

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The Independent, 1st February 2017

Source: www.independent.co.uk

Conman who pretended washing powder was cocaine guilty of defrauding drug users – Daily Telegraph

Posted October 5th, 2016 in drug abuse, drug offences, fraud, illegality, news by sally

‘A conman who was found to be selling washing powder as cocaine has ended up in court for fraud.’

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Daily Telegraph, 4th October 2016

Source: www.telegraph.co.uk

The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza – Cloisters

Posted August 25th, 2016 in appeals, contracts, illegality, insider dealing, news, Supreme Court by sally

‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’

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Cloisters, 26th July 2016

Source: www.cloisters.com

Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

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Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk

Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

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UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

We ignored the rule of law – the result was Iraq – The Guardian

‘By acting in defiance of the UN charter, as I warned when I was a Foreign Office lawyer in 2003, we put our reputation at risk. So it has proved.’

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The Guardian, 7th July 2016

Source: www.guardian.co.uk

The Chilcot Report – an Illegal War? – UK Human Rights Blog

‘More than 7 years after Gordon Brown first announced that a public Inquiry would be conducted to identify lessons that could be learned from the Iraq conflict, the Chilcot report was finally published on7 July 2016. However, it was worth the wait. This post does not seek to summarise the report: there are many other good overviews (such as the BBC’s ). The report’s executive summary, in particular the key findings section, is also well worth a read. The intention is to cover in this and subsequent posts some of the key legal issues raised by the report. This post considers the relevance of the Chilcot report’s findings to the broader issue of whether Britain’s intervention in Iraq was legal – an issue which was not itself within the remit of the inquiry.’

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UK Human Rights Blog, 7th July 2016

Source: www.ukhumanrightsblog.com

Illegal counterfactuals: bringing in new claims by the backdoor? – Competition Bulletin from Blackstone Chambers

Posted February 24th, 2016 in banking, competition, damages, illegality, news, utilities by sally

‘It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful elements: see e.g. Albion Water Ltd v Dwr Cymru [2013] CAT 6. In a normal case, C will claim damages, arguing – let’s say – that D abused a dominant position by imposing discriminatory prices. D defends the claim on the basis that, absent any abuse, it would have set prices at a certain (high) level. C replies that those prices too would have been discriminatory – i.e. the counterfactual is inappropriate.’

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Competition Bulletin from Blackstone Chambers, 24th February 2016

Source: www.competitionbulletin.com